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PRASANNA B. VARALE, M. G. S. KAMAL
Rizwan Arshad S/o. Sri R. Q. Arshad – Appellant
Versus
Election Commission of India, Nirvachanasadan, Rep. by Secretary – Respondent
Headnote: Read headnote
JUDGMENT :
This writ appeal is filed against the order dated 05.04.2023 passed in W.P.No.7025/2023 (GM-RES) rejecting the writ petition of the appellants.
2. The above writ petition has been filed by the appellants herein seeking :
(b) for a direction to declare the action of the respondents in issuing paper publication is contrary to the order dated 14.03.2023 passed in W.P.No.3592/2023 and connected cases, and;
(c) for a direction to the respondents to make a separate list for Absentees, Shifted and Dead (ASD List) in accordance with the handbook issued by the respondents to all the Returning Officers.Click Here to Read the rest of this document
Right to be included in electoral roll or to challenge to inclusion of any name in roll is a right conferred upon an individual and not upon any political party.
The main legal point established in the judgment is the self-contained nature of the Representation of People Act, 1951 and the Registration of Electors Rules, 1960, and the availability of statutory....
Deletion from electoral rolls must comply with statutory procedures, and a petitioner must exhaust available remedies before seeking judicial review.
Due diligence in following the mandated procedures for inclusion in the Electoral Rolls is crucial, and failure to adhere to the procedures outlined in the Rules of 2023 may result in the dismissal o....
The court upheld that procedural compliance in voter registration processes is mandatory, denying bulk objections that lack proper individual submissions as per statutory requirements.
Election disputes must comply strictly with statutory provisions regarding party joinder, as outlined in the Representation of the People Act, 1951.
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